Senate Consideration of Treaties

Changes from September 15, 2009 to November 10, 2014

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with red strikethrough and textual matter added in the later version is indicated with blue.

Senate Consideration of Treaties

November 10, 2014
(98-384)

The consideration of treaties and nominations constitutes the executive business of the Senate.1 To conduct executive business, the Senate must resolve into executive session. Senate Rule XXIX governs executive sessions, generally; Rule XXX addresses proceedings on treaties.

When the President submits a treaty to the Senate, the treaty, and any supporting materials, are referred to the Committee on Foreign Relations. Paragraph 3 of Senate Rule XXIX requires that all treaties and "all remarks, votes, and proceedings thereon shall also be kept secret, until the Senate shall, by their resolution, take off the injunction of secrecy." At the time the treaty is referred to committee, the Senate typically agrees by unanimous consent to remove the "injunction of secrecy."2

The Foreign Relations Committee can order the treaty reported back to the Senate—favorably, unfavorably, or without recommendation—or, instead, decline to act on the treaty. If the committee does not act on the treaty, it is not automatically returned to the President. Treaties, unlike bills and other legislative measures, remain available to the Senate from one Congress to the next until they are disposed or the Senate agrees to return them to the President. Paragraph 2 of Rule XXX states in part that "all proceedings on treaties shall terminate with the Congress, and they shall be resumed at the commencement of the next Congress as if no proceedings had previously been had thereon." Thus, if the Foreign Relations Committee fails to report a treaty before the end of a Congress, the treaty remains before the committee during the next Congress. If the committee has reported a treaty, but the Senate has not completed floor consideration of it when the Congress ends, the treaty is recommitted to the committee, and the committee must report it again before the Senate may consider it on the floor.

If the committee votes to report a treaty, it is placed on the Senate's Senate Consideration of Treaties
Betsy Palmer
Analyst on Congress and the Legislative Process
September 15, 2009
Congressional Research Service
7-5700
www.crs.gov
98-384
CRS Report for Congress
Prepared for Members and Committees of Congress
Senate Consideration of Treaties
Summary
The consideration of treaties and nominations constitutes the executive business of the Senate.
The Senate conducts executive business only after it has resolved into executive session. Senate
Rule XXIX is concerned with executive sessions; Rule XXX discusses proceedings on treaties.
This report is one of a series of CRS reports on aspects of the legislative process, and it will be
updated to reflect any change in the rules and practices of the Senate regarding consideration of
treaties.
Congressional Research Service
Senate Consideration of Treaties
T
he consideration of treaties and nominations constitutes the executive business of the
Senate. To conduct executive business, the Senate must resolve into executive session.
Senate Rule XXIX is concerned with executive sessions; Rule XXX discusses proceedings
on treaties.
When the President submits a treaty to the Senate, the treaty, and any supporting materials, are
referred to the Committee on Foreign Relations. Paragraph 3 of Senate Rule XXIX requires that
all treaties and “all remarks, votes, and proceedings thereon shall also be kept secret, until the
Senate shall, by their resolution, take off the injunction of secrecy.” At the time the treaty is
referred to committee, the Senate typically agrees by unanimous consent to remove the
“injunction of secrecy.”1
The Foreign Relations Committee has the options of ordering the treaty reported back to the
Senate—favorably, unfavorably, or without recommendation—or of declining to act on the treaty.
If the committee does not act on the treaty, it is not returned to the President. Treaties, unlike bills
and other legislative measures, remain available to the Senate from one Congress to the next,
until they are disposed of or withdrawn by the President. Paragraph 2 of Rule XXX states in part
that “all proceedings on treaties shall terminate with the Congress, and they shall be resumed at
the commencement of the next Congress as if no proceedings had previously been had thereon.”
Thus, if the Foreign Relations Committee fails to report a treaty before the end of a Congress, the
treaty remains before the committee during the next Congress. If the committee has reported a
treaty but the Senate has not completed floor consideration of it when the Congress ends, the
treaty is recommitted to the committee, and the committee must report it again before the Senate
may consider it on the floor.
If the committee votes to report a treaty, it is placed on the Senate’s Executive Calendar and mustlie over on this calendar for one day before possible floor consideration. The Senate may waive thislayover requirement by unanimous consent.When the Senate is prepared to consider the treaty, the majority leader typically makes a
makes either a unanimous consent request or a non-debatable motion while in legislative session that the Senate
to that effect or, while in legislative session, a non-debatable motion that the Senate go into executive session for the purpose of considering thata specific treaty. If the Senate already is in
is already in executive session, or if the Senate agrees simply to resolve into executive session without apurpose for doing so being specified in the motion, then a motion made in executive session toproceed to any but the first item listed on the Executive Calendar is debatable, meaning that themotion to proceed could be subject to extended debate and perhaps the cloture procedures underRule XXII.
Once
Once the Senate has agreed to proceed to the treaty and is in executive session, the Senate first considers the text of the treaty itself, just as it wouldconsider the text of a bill in legislative session. The treaty is amendable and it is open foramendment at any point, with any amendments proposed by the Foreign Relations Committeebeing considered first. WhenOnce the amending process (if any) is complete and there is no further debate or amendment, the Senate does not vote onapproving the treaty. Instead, the Senate takes up a resolution of ratification, by which the Senateformally gives its advice and consent, empowering the President to proceed with the ratificationof the treaty. This un-numbered resolution typically states: “Resolved"Resolved (two-thirds of the Senatorspresent concurring therein), That the Senate advise and consent to the ratification” of the treaty in
1
See, for example, Sen. Orrin G. Hatch, “Removal of Injunction of Secrecy - Treaty Document No. 108-2,” remarks in
Senate, Congressional Record, daily edition, February 11, 2003, p. S2227.
Congressional Research Service
1
Senate Consideration of Treaties
" of the treaty in question. When the resolution of ratification is presented to the Senate, it incorporates anyamendments to the treaty that the Senate had approved.
previously approved.
One day is required to elapse between the time that the Senate completes action on the treaty itselfand the time it begins consideration of the resolution of ratification, although this requirement
also is is also frequently waived by unanimous consent. After the Senate has begun considering thisresolution, amendments proposing to change the text of the treaty itself are no longer are in order.Senators may amend the resolution of ratification, however, by attaching to it reservations,declarations, statements, or understandings that can affect the interpretation or implementation ofthe treaty. Again, the Senate first considers any reservation or other proposition that the ForeignRelations Committee has reported.Under Article II, Section 2 of the Constitution, the final vote on agreeing to the resolution of
ratification, ratification—with whatever reservations or other propositions may have been attached to it,
—requires a vote of two-thirds of the Senators present and voting (a quorum being present). A twothirds vote also is two-thirds vote is also required to agree to a motion to postpone indefinitely further consideration ofthe treaty and accompanying resolution, because adopting that motion has the effect of disposingof the treaty permanently. All other motions prior to final action, including those proposing treatyamendments or reservations, require only simple majority votes. Treaties, resolutions ofratification, reservations, and other related propositions are all debatable under the normal rules of theSenate, and they are subject to the Senate’'s cloture rule, Rule XXII. When cloture is invoked on aresolution of ratification, action on all amendments and reservations must be completed before avote on ratification under the rule’s 's post-cloture 30-hour time limit.3
Frequently, the Senate agrees by unanimous consent to dispense with consideration of the treatyitself and proceeds immediately to consider the resolution of ratification.For additional information, see Riddick’Riddick's Senate Procedure, pp. 832-842 and 1294-1310; and
see also Treaties and Other International Agreements: The Role of the United States Senate, a committeeprint of the Senate Committee on Foreign Relations (S.Prt. 106-71) is, available athttp://www.congress.gov/Senate/lists/html.
Author Contact Information
Betsy Palmer
Analyst on Congress and the Legislative Process
bpalmer@crs.loc.gov, 7-0381
Acknowledgments
This report was originally written by retired CRS Senior Specialist Stanley Bach.
Congressional Research Service
2
lis.gov/senate/lists.html.

Acknowledgments

This report was originally written by [author name scrubbed], former senior specialist in the Legislative Process at CRS, and was later updated by [author name scrubbed], former analyst on Congress and the Legislative Process at CRS. The author currently listed has updated this report and is available to answer questions on the subject.